…recently announced, WGIII plans to conclude its reform process by 2025. The question that arises is whether this 8-year reform process will meaningfully address the calls for reform. This is…
…accordance with UNCITRAL’s mission of harmonising and unifying international trade law. References[+] References ↑1 C. A. Fleischhauer, Foreword of the Guide to the 1985 UNCITRAL Model Law, in H. M….
…2016 SIAC Rules and 17.3 of the UNCITRAL Rules, for example – such that the decision could have some impact on arbitrations under those rules. However, the challenges in this…
…norm, with the parties always opting for ad hoc UNCITRAL arbitration. Practical challenges contractors are likely to face due to COVID and contractual solutions First, the contractor is likely…
The Russian 2016 Arbitration Reform (the “Reform”) was a game-changer for both arbitration practitioners and the arbitral institutions. One of the major implications of the Reform was that so-called “corporate”…
…submit their disputes to arbitration. Courts and other authorities around the world have interpreted Article II, and parallel provisions of the UNCITRAL Model Law as prohibiting states, like the UAE,…
…South African and Nigerian environments, which allow for easy location of local co-counsel and arbitration practitioners. Transparency of legal systems, adoption of the UNCITRAL Model Law and ratification of international…
…Ukraine. The proposal is somewhat reminiscent of the 2016 Russian arbitration reform that introduced licencing requirements for arbitral institutions, discussed on the Blog (e.g. here, here and here). It is…
The 18th Annual ITA-ASIL Conference, hosted virtually for a half-day on March 23, 2021, discussed ongoing efforts at ICSID and UNCITRAL Working Group III to reform investment arbitration. José Alvarez…
It is well-known that confidentiality is a particularly important mechanism for protecting the information and data contained in a process in which disclosure could cause prejudice to the parties. That…
…object and purpose of the ECT do not require that further conditions be read into the ECT’s definitions of ‘investor’ and ‘investment’. He also argues that recent reform suggestions by…
…and ISDS Reform As already discussed, in recent years Canada has been actively negotiating and bringing into force new treaties, each carrying its own approach to ISDS. The 2021 Model…
…of the Code of Conduct for Adjudicators in International Investment Disputes, a key feature of the Investor-State Dispute Settlement (ISDS) reform process which is presently under way at UNCITRAL Working…
…the Paris-seated tribunal in Komstroy (formerly known as Energoalians) v. Moldova rendered an UNCITRAL award in favour of the investor. Subsequently, the respondent State filed an action to set aside…
…The FAL generally follows the UNCITRAL Model Law 2006 (the Model Law) with certain changes relevant to the UAE legal and commercial landscapes. The key provisions of the FAL relating…
…upon arbitral awards, the 1996 Act went a step further than the UNCITRAL Model Law (“Model Law”) which allowed an award-debtor to resist the award at both the challenge stage…
…a constitutional reform (the “Reform”) that liberalized the national energy industry. The Reform put an end to decades of State-run monopolies governing the petroleum and power industries, led by PEMEX…
The Investor-State Dispute Settlement regime is at the centre of a long-standing debate, subsequent reform efforts, and, more in general, great innovation. In this context, on 14 May 2021, a…
…be disqualified when circumstances exist which give rise to “justifiable doubts” as to the arbitrator’s lack of independence and impartiality. Article 12.1 UNCITRAL Model Law and many arbitration rules expressly…
…do to keep from complacency? KN: Institutions are judged by the quality of their case management and complacency is a path to Article 34 (UNCITRAL Model Arbitration Law) or Article…
…these disputes, parties with an Australian connection are using institutions and rules that are both global, like the ICC (~ $10 billion AUD) or UNCITRAL rules (~ $9 billion AUD),…
…right implicitly, by reference to the possibility to have witnesses (e.g., Article 27(2) of the 2013 UNCITRAL Rules, Article 25(2) of the 2021 ICC Arbitration Rules, Article 20(1) of the…
…of Foreign Arbitral Awards (the “New York Convention”) in 1988. Additionally, Costa Rica’s International Commercial Arbitration Law is based on the UNCITRAL Model Law with the 2006 amendments. In 2018,…
…dubio pro actione. With these aspects in consideration, the First Chamber noted that the United Nations Commission on International Trade Law (UNCITRAL) revised the Arbitration Model Law in 2006 and,…
